Jharkhand High Court Rejects State's Challenge To Delhi As Arbitral Seat After 2.5 Years

The Jharkhand High Court on 20 August, dismissed the Jharkhand Road Construction Department's challenge to an Arbitral Tribunal's decision fixing Delhi as the seat of arbitration in its dispute with Ramky Infrastructure Limited. A Single Judge Bench of Justice Ananda Sen held that the Department's continued participation in the proceedings without a timely objection amounted to waiver under Section 4 of the Arbitration and Conciliation Act, 1996. He explained: “The 'seat of arbitration' is the...

Jharkhand HC Directs JUIDCO To Pay Eagle Infra's Dues, Holds Guarantee Release Admits Completion

The Jharkhand High Court on 15 July held that a public authority cannot withhold admitted contractual dues after releasing a contractor's performance bank guarantee, as such release shows that the authority accepted the contractor's satisfactory completion of contractual obligations. Justice Ananda Sen allowed Eagle Infra India Limited's writ petition and directed Jharkhand Urban Infrastructure Development Company Limited (JUIDCO) to clear the contractor's pending dues under the Harmu River...

Jharkhand High Court Orders Separate Registers For SARFAESI Applications, Makes Records Accessible Under RTI

The Jharkhand High Court has directed all District Magistrates and Chief Judicial Magistrates in the State to maintain separate registers for applications filed by banks and financial institutions under Section 14 of the SARFAESI Act. Section 14 empowers District Magistrates and Chief Judicial Magistrates to assist secured creditors in taking physical possession of secured assets when such assistance is sought under the Act. The court further directed that the registers be treated as public...

Commercial Courts Cannot Hear Eviction Suits Under Jharkhand Rent Act: Jharkhand High Court

The Jharkhand High Court has recently held that the Commercial Courts Act does not confer jurisdiction over eviction proceedings where a special rent control law vests that jurisdiction exclusively in the Rent Controller. It ruled that a Commercial Court cannot entertain such disputes merely because the leased premises are used exclusively for trade and commerce. Justice Ananda Sen delivered the judgment. The court held that the Jharkhand Building (Lease, Rent & Eviction) Control Act,...

Jharkhand High Court Upholds Conviction For False Income Tax Refund Claim Based On Forged Documents

The Jharkhand High Court has upheld the conviction of an Eastern Coalfields Limited employee for claiming an income tax refund of ₹35,875 on the basis of forged documents. The court found no reason to interfere with the concurrent findings of the trial and appellate courts. Justice Pradeep Kumar Srivastava dismissed the criminal revision filed by Sashi Bhusan Prasad Bhuian. The court directed him to surrender before the trial court within two months to undergo the remaining sentence. The court...

Jharkhand High Court Appoints Arbitrator In Hindustan Dorr Oliver-Uranium Corporation Contract Dispute

The Jharkhand High Court on 8 May held that while exercising jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996, a referral court is required to undertake only a prima facie examination of the existence of an arbitration agreement and cannot enter into disputed questions relating to limitation, maintainability or the effect of insolvency proceedings. Chief Justice M.S. Sonak appointed former Andhra Pradesh High Court Judge Justice C. Praveen Kumar as the sole...

Jharkhand High Court Pulls Up JSBC for Seeking Adjournment In Arbitration Matter Over Transfer of MD

The Jharkhand High Court recently pulled up Jharkhand State Beverages Corporation for seeking a second adjournment in an arbitration matter on the ground that its managing director had been transferred. The court observed that the corporation was “bent upon delaying the matter.” It then appointed former Jharkhand High Court judge Justice N.N. Tiwari as sole arbitrator in its dispute with K.S. Multi Facility Services Private Limited. Chief Justice M.S. Sonak observed that the corporation's...

Jharkhand High Court Grants Anticipatory Bail To Garhwa Shop Owner In Duplicate Castrol Oil Case

The Jharkhand High Court on 12 May reiterated that anticipatory bail may be granted where the circumstances and record justify protection from arrest, while considering an application arising from allegations of stocking duplicate motor oil. Justice Sanjay Kumar Dwivedi granted anticipatory bail to Ravindra Kumar Kashyap, an automobile shop owner from Garhwa, who had been booked under Sections 318(4) and 349 of the Bharatiya Nyaya Sanhita, 2023, along with Sections 63 and 65 of the Copyright...

Jharkhand High Court Refuses To Entertain Writ Against Delayed GST Order, Cites Alternative Remedy

The Jharkhand High Court refused to entertain a writ petition challenging a GST adjudication order passed after a delay of five years, holding that the taxpayer must avail themselves of the statutory appellate remedy instead of invoking writ jurisdiction. A bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar observed that where a statutory appeal is available, the High Court should not ordinarily entertain a writ petition. The Court noted, “Since the petitioner has an...

Jharkhand HC Slams Tax Dept, Warns Commissioner Of Personal Liability Over ₹6.71 Crore VAT Refund Delay

The Jharkhand High Court has come down heavily on the State tax department for sitting over a VAT refund of Rs.6.71 crore for years, holding that excuses such as vacant posts and officers being on election duty are “neither legal nor satisfactory.”A Division Bench of Chief Justice M. S. Sonak and Justice Rajesh Shankar directed the Commissioner, Commercial Taxes Department, to ensure that the refund is paid with 6% annual interest by May 5, 2026, warning that any delay beyond the deadline would...

Jharkhand High Court Refuses Tata Steel's Writ Against GST Demand, Says Appeal Is Proper Remedy

The Jharkhand High Court has recently refused to entertain a writ petition filed by Tata Steel Limited challenging a GST adjudication order involving alleged wrongful availment of input tax credit, holding that the company had not made out a case to bypass the statutory appellate remedy. “We are satisfied that the petitioner has not made out any case for bypassing the alternate statutory remedy of appeal.”, the court held.A Bench of Chief Justice M. S. Sonak and Justice Rajesh Shankar...

GST Appeals Must Be Filed On Time, Writ Cannot Override Statutory Limitation: Jharkhand High Court

The Jharkhand High Court on 16 March held that a party cannot bypass statutory limitation by approaching the High Court under writ jurisdiction. Statutory appeals must be filed within the prescribed period. A Division Bench of Chief Justice M.S. Sonak and Justice Rajesh Shankar dismissed the writ petition filed by Nayan Enterprises challenging a GST adjudication order, noting that it had failed to show “sufficient cause” for not filing an appeal within the prescribed limitation period. The...